LAWS & RULES
Law (1998: 112) on responsibility for electronic message boards
Released from the print on March 31, 1998
Done March 12, 1998.
This law applies to electronic message boards. By electronic bulletin board, this Act means a service for the electronic transmission of messages.
By law, communication means text, image, sound or other information.
However, the law does not apply
providing only networks or other connections for the transmission of messages or other devices necessary to be able to use a network or other connection;
mediation of messages within an authority or between authorities or within a company or group;
services protected by the Freedom of Expression Regulation or the Freedom of Expression Constitution; or
messages intended only for a particular recipient or a specific circle of recipients (electronic mail).
Information to users
The provider of an electronic message board must provide information to anyone who joins the service about their identity and the extent to which messages received are made available to other users.
Supervision of the service
The provider of an electronic notice board shall, in order to fulfill its obligation under section 5 , have such oversight of the service as may reasonably be required in view of the scope and focus of the business.
Obligation to delete certain messages
If a user submits a message to an electronic message board, the provider of the service shall remove the message from the service or otherwise prevent the further spread of the message, if
the contents of the message are clearly those referred to in the provisions of
illegal threats in chap. § 5 of the Criminal Code,
illegal infringement of integrity in Chapter 4. § 6c of the Criminal Code,
upswing in chap. § 5 of the Criminal Code,
incited against folk group in Chapter 16. § 8 of the Criminal Code,
child pornography crimes in Chapter 16 § 10 a of the Criminal Code,
illicit violence depiction in chap. § 10c of the Criminal Code, or
public solicitation in section 3 of the Act (2010: 299) on penalties for public solicitation, recruitment and education of terrorist offenses and other particularly serious crimes; or
it is obvious that the user has infringed copyright or right protected by the provisions of Chapter 5. the law (1960: 729) on copyright for literary and artistic works by submitting the notice. In order to fulfill its obligation under the first subparagraph, the provider of the service has the right to access messages contained in the service. The obligation under the first subparagraph and the right under the second subparagraph also apply to the person who oversees the service on behalf of the provider.
SFS 2018: 1314
Anyone who intentionally or through negligence violates Section 3 is sentenced to a fine.
Anyone who intentionally or through gross negligence violates § 5, first paragraph, is sentenced to a fine or imprisonment for a maximum of six months or, if the offense is serious, to a prison term of no more than two years. In no small cases should it be held responsible.
The first subparagraph does not apply if it can be held responsible for the offense under the Criminal Code, the Act ( 1960: 729 ) on copyright for literary and artistic works or the Act ( 2010: 299 ) on penalties for public exhortation, recruitment and education regarding terrorist offenses and other in particular serious crime.
Offenses under the first subparagraph may be given in cases where the contents of the message are those referred to in the provision in Chapter 4. Section 6 c of the Criminal Code on unlawful infringement is prosecuted by the prosecutor only if the plaintiff states the crime to prosecution or if the prosecution is called for from a general point of view.
SFS 2018: 1314
Computers and other property that have been used as auxiliary in the case of crime under section 7 of this Act may be declared forfeit, if it is necessary to prevent crime or if there are special reasons. The same applies to property that was intended to be used as an aid in such crime, if the crime has been completed. Confusion may be omitted in whole or in part if the confiscation is unreasonable.
SFS 2005: 315
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